The change in policy followed the ACLU of Virginia’s decision to file suit to ensure that an assortment of white supremacist groups could hold the now-notorious “Unite the Right” rally earlier this month in Charlottesville’s Emancipation Park. While the ACLU wasn’t responsible for the fatal violence that ensued, the entire organization was convulsed in the fallout. One ACLU of Virginia board member resigned in protest. In a historic gesture, three California affiliates broke with the Virginia branch and the national organization to condemn the lawsuit. “If white supremacists march into our towns armed to the teeth and with the intent to harm people, they are not engaging in activity protected by the United States Constitution,” they said.

In a statement to the New Republic, an ACLU spokesperson said the new policy will be applied on a “case by case” basis, meaning greater scrutiny will be applied to possible clients. “If we determine that any potential client intends to subvert their rights under the First Amendment to cause violence, we wouldn’t represent them. The First Amendment doesn’t protect violence, that hasn’t changed,” Noa Yachot said.